SMT GUMANI DEVI vs PUNJAB NATIONAL BANK (ORIENTAL BANK OF COMMERCE) on 14 February 2025

Court of the Presiding Officer Debts Recovery Tribunal, Jaipur

Item No. 35 Case No. MA/47/2020 IN OA/84/2010 SMT GUMANI DEVI Vs PUNJAB NATIONAL BANK (ORIENTAL BANK OF COMMERCE) Date: 14.02.2025. Proceedings through hybrid mode Present: Shri Sahil Duseja, Counsel for the Applicant Shri Vineet Mehta, Counsel for the Respondent No. 1 Shri Lalit Kishore Joshi, Counsel for the Respondent No. 2 to 4 This Misc. Application moved by guarantor Smt. Gumani Devi who is CD no. 4 in the recovery proceedings and M.A no. 217/2021 has been moved by Sh. Karta Ram who is CD No. 3 in recovery proceedings. It is argued that the bank has sold two properties and recovered the amount, there is no dispute regarding the same. When the property of Smt. Gumani Devi was put to auction they approach the bank to settle the matter with a right of subrogation. There is one guarantor Sh. Kharta Ram who filed MA no. 217/2021 and the same is listed today at Item no. 59. The present applicant has got a right of subrogation against the property of the borrower not against the guarantor and their documents as claimed in MA no. 217/2021 be returned to the MA applicant and other documents be return the present applicant Smt. Gumani Devi against the acknowledgment. Smt. Gumani Devi Court of the Presiding Officer have right to subrogation till the dues are not clear by the borrower and the property can be enjoyed by them as their own. In view of the above submissions, this Misc. Application stands disposed off. File be consigned to record, as per rules. Copy of order be uploaded on website.

(Vimal Gupta) Presiding Officer